Disposed

M/S. Kalpasutra Developers v. Shri. Vivek Maruti Patil and Ors.

Bombay HC29 Apr 2013WP/3959/2013

Case brief

AI extract

What is this about?

This single judge order addressed a writ petition challenging the rejection of an application seeking clarification of a status quo order. The court held that while the applicant could not invoke Section 151 CPC, they could seek impleadment via Order 1 Rule 10 CPC. The High Court directed the Trial Court to decide the impleadment application by 15th July 2013, after which the grievance regarding t

What did the court decide?

Directed the Trial Court to decide the impleadment application under Order 1 Rule 10 CPC by 15th July 2013.

M/S. Kalpasutra Developers Vs Shri. Vivek… — Civil Procedure and Limitation | Bombay HC (2013)

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wp-3959.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.3959 OF 2013

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M/s. Kalpasutra Developers Through Partner Shri Nilesh Mahendra Shah : Petitioner. Versus Vivek Maruti Patil and ors. : Respondents.

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Mr. Prasad S Dani for the Petitioner.

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CORAM : R. M. SAVANT, J. DATE : 29^th April 2013

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P.C.

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1 The order impugned is one dated 14/3/2013 passed by the learned Civil Judge, Senior Division, Panvel by which order the Application Exhibit 54 for clarification of the status quo order to the effect that the same not to operate against the Plot No.64 in which the Petitioner claims interest came to be rejected. The said rejection is on the ground that the Petitioner i.e. the Applicant is not a party to the suit in question being Special Civil Suit No.383 of 2012 and therefore could not invoke Section 151 of the Code of Civil Procedure for correction/clarification of the status quo order. However, in Para 26 the Trial Court has observed as under :-

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“Moreover, it appears from the documents and papers in the suit that the plaintiff has taken out one application for adding the name of applicant in the array of defendants which is pending for its decision. If

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at all the applicant could not avail anything by the aid of section 151 he can again put forth his grievance by taking part in the suit under O.1 R.10 of C.P.C. In view of above discussion, the application is rejected.”

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In view of the fact that the application filed by the Plaintiff under Order 1 Rule 10 of the Code of Civil Procedure to implead the present Petitioner is pending, it would be just and proper to direct the Trial Court to decide the said application within a particular time frame. The Trial Court is therefore directed to hear and decide the said application filed under Order 1 Rule 10 of the Code of Civil Procedure to implead the petitioner to the suit in question latest by 15^th July 2013. In the event the Petitioner is impleaded as a party, then, as observed by the Trial Court in the said Paragraph 26, the Petitioner would be entitled to agitate its grievance in respect of the said Plot No.64 before the Trial Court, and the Trial Court would consider the said grievance uninfluenced by the instant order.

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2 With the aforesaid directions the above Writ Petition is disposed of.

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[R.M.SAVANT, J]

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M/S. Kalpasutra Developers v. Shri. Vivek Maruti Patil and Ors.

Case brief

What is this about?

What did the court decide?

M/S. Kalpasutra Developers v. Shri. Vivek Maruti Patil and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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